연구보고서
Ⅰ. Background and Purpose
□ Provide for matters necessary for medical services to the people so that all citizens can enjoy quality health services.
○ Designed to protect and promote public health.
○ With the Medical Service Act and the National Health Insurance Act as major pillars of legislation on medical services in Korea
○ Identify the systems which have been developed in connection with health and medical services in Korea.
Ⅱ. Major Contents
□ Medical Security System in Korea
○ The medical security system in Korea is based on a public medical insurance system in the form of social insurance
○ it is a national insurance program in which all citizens are obliged to join
○ As a program supplementing the medical insurance system, public medical service programs are also operated for low-income earners and persons of distinguished services to the State.
□ Health Care System in korea
○ The purpose of the Health and Medical Service Technology Promotion Act is to provide for matters concerning the formulation of master plans for promoting health and medical service technology; implementation of research and development projects for health and medical service technology; certification of breakthrough health technology; and information about health and medical services, etc.
○ The government expressly stated that new policies should be formulated and implemented in order to encourage research and development activities for promoting health and medical service technology; to promote development of breakthrough health technology; and to protect and foster such technology.
□ Medical Information System in korea
○ A medical institution is an agglomeration of various types of specialized works to provide medical services to patients.
○ A massive amount of information is generated and exchanged and thus collecting information quickly and accurately and keeping it for a long time is very important.
○ One of the merits of the Medical Dispute Mediation Act is that it ensures saving time and money by introducing a system of mediation or arbitration in medical malpractice cases, as an alternative dispute resolution (ADR) to time-consuming and costly lawsuits.
○ This aims to help identify rapidly evolving aspects of Korea’s medical legislation along with the increased public sense of entitlement as well as to help understand how the nation’s well-established health care system works and how it settles medical malpractice disputes.
Ⅲ. Expected Effects
□ This research paper, which is organized into major laws related to Korea’s medical security system, health and medical treatment system, and medical disputes settlement system from a taxonomical viewpoint, can be used to enhance understanding about Korea’s medical security system.
1 Introduction 7
2 Medical Security System in Korea 11
2.1 Basic Structure 13
2.2 Medical Security System in Korea 13
2.2.1. Coverage and Current Status of National Health Insurance 15
2.2.2. Features of the National Health Insurance Program 16
2.2.3. Major Provisions of the National Health Insurance Program 18
2.3 Statutes on Medical Services in Korea 20
2.3.1. Medical Law in Korea 22
2.3.2. The Framework Act on Health and Medical Services 41
2.3.3. Other Major Acts related to Health and Medical Services 42
2.4 Statutes Supplementing the Medical Service Act 49
2.4.1 The Public Health and Medical Services Act 49
2.4.2. Emergency Medical Service Act 50
3 Medical Service System in Korea 53
3.1 The Health and Medical Service Technology Promotion Act 55
3.2 Medical Information System 55
3.2.1. Order Communication System (OCS) 56
3.2.2. Picture Archiving and Communication System (PACS) 58
3.2.3. Electronic Medical Record (EMR) 60
3.3 Medical Services Using Robot Technology and Artificial Intelligence (AI) 62
3.3.1. Robot surgery 62
3.3.2. Artificial Intelligence (AI) 65
4 Medical Dispute Resolution System of Korea 69
4.1 Characteristics of Medical Dispute Mediation and Arbitration System 71
4.1.1 Development of Prompt, Simple, and Low-Cost Dispute Resolution System 71
4.1.2 Diversification of Dispute Resolution Procedures 72
4.1.3 Arbitrary Mediation-Prepositive Principle 72
4.1.4 Establishment of Medical Malpractice Appraisal Board 73
4.1.5 Introduction of Compensation Program for Inevitable Medical Misadventure 74
4.1.6 Advances for Damages 74
4.1.7 Respect for Victims’ Opinions in Criminal Punishment 75
4.2 Korea Medical Dispute Mediation and Arbitration Agency 76
4.2.1 Establishment and Composition of Korea Medical Dispute Mediation and Arbitration Agency 76
4.2.2 Medical Dispute Mediation and Arbitration Committee 77
4.2.3 Medical Malpractice Appraisal Board 78
4.3 Mediation and Arbitration of Medical Disputes 79
4.3.1 Mediation 79
4.3.2 Arbitration 81
4.3.3 Procedures 82
4.4 Medical Liability Mutual Aid Associations and Compensation for Inevitable Medical Misadventure 83
4.4.1 Medical Liability Mutual Aid Associations 83
4.4.2 Compensation for Unavoidable Medical Malpractice 83
4.5 Korea Medical Dispute Mediation and Arbitration Agency 84
4.5.1 Objectives of establishment 84
4.5.2. Organizational structure and composition 85
4.5.3 Dispute mediation procedure 85
5 Conclusion 91
References 95
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